Bought a house with solar panels but can't prove we own them!

rjanson

Hi there,

We're first-time buyers and have recently purchased a house with solar panels already installed. We've got copies of the documentation that prove the previous owners had the panels fitted and owned them outright, as they have provided proof of paid invoices to the installation company as well as FIT payment statements from their supplier and an MCS certificate.

We completed in October after having a terrible time with unresponsive and poor quality solicitors that were recommended by the estate agents (we got a cashback incentive for using them). We've only just received a copy of the "title of register" from the solicitors but now we realise that we have no proof that the solar panels are owned by us. We have an account set up with energy provider (and FIT supplier) of the former owners but can't complete the FIT transfer application as we have no proof of ownership of the panels, even though we can prove we own the house they sit ontop of and the company know that the former owners owned the panels outright. The energy company is asking for:

[FONT=&quot]“Proof of ownership – a full payment receipt/fully paid invoice in your name or a letter from solicitor/property builder specifically stating transfer of [Solar PV] installation ownership to you (this should include particulars of parties involved, transfer date and installation address).”[/FONT]

What I'm desperately trying to find out (and no amount of googling seems to yield anything) is:

1. When a house is typically sold with solar panels (owned outright), what documents are usually provided by the solicitors to show that the new house owners are also the new solar PV owners?
2. If a solicitor is dealing with a house sale where panels (owned outright) are involved, isn't it their responsibility ensure that the panels are also transferred?

From what little response I've been able to squeeze out of the solicitors (they never answer calls), they believe that our file can be closed as they've done everything required of them!

Any advice would be appreciated from anyone who has gone through this process before and can shed light on what we need to do!

Thank in advance!

pinklady21

What were your instructions to the solicitor with regard to the ownership of the solar panels?
What did you agree at Exchange with the vendor? Were the solar panels specifically listed as part of the sale? What did the sales particulars say?
The FIT provider will have a change of ownership process, did your vendor agree to facilitate this process as part of the sale of the property?

CommitedToChange

I'm sure that It is the solicitors job to do that, and if they haven't then they're not finished.

I'd go to their offices and refuse to leave until they sorted this out.

I'd also complain to the EA though I doubt they care - they only recommended them as the get a kick back. :mad:

spendinglikemad

Following, as we are selling a house with solar panels owned outright and want to ensure the buyers get everything they require (I contacted the company we get our FiT with and they gave me transfer forms to pass onto the new owners once we exchange but I haven't been asked for anything else

SLM

rjanson

The house was advertised as coming with the panels and the solicitors knew they were part of the sale.
They were clearly aware of the panels, as they forced our former owners to take out an indemnity policy related to them (they're in breach of a historical covenant).

With regards to the change of ownership process, we've got all the information we need for the energy company, except for the proof they're asking for (which I've quoted in my original post). The previous owners have closed their account with the supplier and provided them with a final reading (the supplier told me that the former owners had deliberately specified it would be the last reading). However, we had no agreement that they would help the process as we assumed the solicitors would provide all the required paperwork regarding ownership.

Unfortunately, the solicitors are 200 miles from me so email and calling is all I can do!

cjmillsnun

Ask your solicitor to contact the vendor’s solicitor to confirm that the PV system was transferred as part of the sale.

For us the completion statement was enough even though this did not mention the ownership of the panels.

Did you have an inventory of fixtures and fittings. If so the PV panels and inverter should’ve been listed.

SalsaDanca

.I bought a house with solar panels that had been installed by the previous owner. The process we followed was:

The vendor filled in the Transfer Out forms and signed them, but did not fill in the final readings from the generation meter.

The vendor then sent the Transfer Out forms to his solicitor, and his solicitor confirmed to my solicitor that they were holding the completed forms and would forward them when the purchase had completed.

On completion, I received the Transfer Out forms, filled in the reading from the generation meter, and sent the forms to the FIT company along with the Transfer In forms that I had completed myself.

The FIT company then refused to transfer the FIT, because the house was a probate sale and there were a different set of forms that should have been used. However, I was able to prove to them that the ownership of the panels and the FIT payments were included in the sale, and they eventually completed the transfer.

sevenhills

I bought council house last September, with council owned solar panels; the FIT energy company did have to get written conformation from the council about ownership
I am now just waiting for OFGEM, should be sorted soon, it takes time, dont stress.

steampowered

Have a look at http://www.rics.org/uk/knowledge/glossary/fixtures-and-fittings-chattels/

If something is fixed to the property, then it is a 'fixture' - which means that ownership automatically transfers alongside ownership of the property.

It is not normal for all fixtures to be listed as part of the sale process. A solicitor would not normally list light fittings, curtain rails, electric sockets, tower rails, the fence in the back garden and so on in the sale contract. Ownership of all of these items passes to the new owner automatically.

Unless I am missing something, a solar panel which has been installed on the property is a fixture and ownership of it would pass to you when you buy the property automatically by operation of law.

So isn't your proof of ownership just a copy of the sale contract for the property?

AdrianC

There's nothing to worry about. Sure, you don't have paper to explicitly "prove" ownership of the panels. You don't have paper to explicitly "prove" ownership of the bath tub or the kitchen cupboards, either.

You don't even have paper to explicitly "prove" ownership of just about anything BUT a plot of land - you don't have it for your car, for your computer...

What you definitely don't have is anything to say that the panels are owned by anybody else. And unless the previous owner actually sold them off to a rent-a-roof outfit after paying to have them fitted (vanishingly unlikely), nor will anybody else be able to prove they own them...

rjanson

Thanks all for the advice (and reassurances)!

I've checked with the energy/FIT company (Utility Warehouse) and they're adamant about proof of ownership, with a document specifically stating that the ownership of the panels has been transferred from the former owner to me. They gave me a spiel about some houses being sold but former owners retaining ownership of the panels (does this happen?) so are insistent on me obtaining proof. All the while, I cannot switch to a cheaper energy (gas/elec) provider as I have an open FIT application!

I will have to be incredibly insistent with my solicitors but getting even an acknowledgement email from them is like squeezing blood from a stone. They already refuse to answer my phonecalls (even though I've never lost my temper with them), the person who deals with my case is on longterm sick leave and no one claims to be able to take on anyone else's caseload, so I'm stuck in limbo. Oh well, wish me luck!